What are Statutes of Limitation?
The statute of limitations is a law that sets a time limit on how long after an event you can file a lawsuit. If you do not file your lawsuit within the statute of limitations, you may lose your right to sue.
The statute of limitations varies depending on the type of case. For example, the statute of limitations for personal injury cases is typically two years, while the statute of limitations for contract cases is typically four years.
Why is the Statute of Limitations Important?
The statute of limitations is important for a number of reasons. First, it protects defendants from being sued for events that happened long ago. Second, it encourages people to file their lawsuits promptly, so that evidence is not lost or witnesses' memories fade. Third, it helps to ensure that the legal system is efficient and fair.
What Happens if I Miss the Statute of Limitations?
If you miss the statute of limitations, you may still be able to file your lawsuit if you can show that you had a good reason for not filing it sooner. This is called "equitable estoppel." To establish equitable estoppel, you must show that:
The defendant knew or should have known about the injury.
The defendant would be unfairly prejudiced if the lawsuit was not allowed to proceed.
It would be in the interests of justice to allow the lawsuit to proceed.
What Should I Do If I Think I Have a Case?
If you think you have a case, it is important to speak with an attorney as soon as possible. An attorney can help you to understand the statute of limitations and to file your lawsuit on time.
Contact Us Today
If you have been injured, please do not hesitate to contact us. We will be happy to discuss your case and answer any questions you may have.